Joseph McKenna, Booth v. Indiana — Opinion of the Court
“ Indeed, in more acute illustration, the distinction may be made of 1 cent only. And so might there be objection to any amount which might be selected, as it might be also to any number of petitioning miners which the legislature of Indiana might have selected. Indeed, would not an objection have the same legal strength if the law had been made to depend upon anything less than unanimity of desire? ”
Joseph McKenna, Booth v. Indiana — Opinion of the Court
“ But a distinction is sought to be made between what a legislature may require for the safety and protection of a miner while actually in service below ground, and that which may be required when he has ceased or has not commenced his labors. Cases are cited which, upon that distinction, have decided that when a miner has ceased his work and has reached the surface of the earth his situation is not different from that of many other workmen, and that, therefore, his rights are not greater than theirs, and will not justify a separate classification. ”
Joseph McKenna, Booth v. Indiana — Opinion of the Court
“ Having the power, in the interest of the public health, to regulate the conditions upon which coal mining may be conducted, it cannot be limited by moments of time and differences of situation. The legislative judgment may be determined by all of the conditions and their influence. ”
